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Res 66-14 RESOLUTION NO. 66-14 A RESOLUTION OF THE CITY COMMISSION OF ,THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE PURCHASE OF RUST REMOVAL AND STRUCTURAL REPAIRS FOR THE 100' HOLTDAY TREE FROM EAGLE METAL PRODUCTS; DECLARING BY A FOUR-FIFTHS AFFIRMATIVE VOTE THAT THE CITY'S SEALED COMPETITIVE METHOD FOR THE PURCHASE IS NOT IN THE BEST INTEREST OF THE CITY;PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Delray Beach Parks and Recreation Department seeks approval to purchase Lust removal and structural repairs for the 100' holiday tree from Eagle Metal Products; and WHEREAS, The Parks and Recreation Department is obligated to maintain the 100' holiday tree in a safe,usable condition in order to provide a safe special event for patrons; and WHEREAS, the Delray Beach Parks and Recreation Departtnent has determined, through historical documents, that Eagle Metal Products has provided yearly maintenance for the holiday tree for and is fain liar with the intricacies of the aging structure ; and WHEREAS, the Delray Beach Parks and Recreation Department has dete lilined, through historical documents, that Eagle Metal Products has, at no charge to the City, erected the tree for the past 21 years; and WHEREAS, the Delray Beach Parks & Recreation Department has determined, that the location of Eagle Metal Products provides timely delivery of repair services; and WHEREAS, utilization of the City's competitive procurement methods for the purchase of rust removal and repair se-tvices for the 100' 1loliday tree is not practical due to the complexity and age of the metal structure and the historical knowledge of Eagle Metal Products regarding previous repairs; and WHEREAS, Section 36.02(c)(11) of the City's Code of Ordinances provides that the City may acquire or contract for non-real property, goods or services without utilizing a Sealed Competitive Method or the Written Quotations Method where the City Commission declaxes by at least a foot-fifth (44/5) affitinative vote that the Sealed Competitive or the Written Quotation Method is not in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMSSION OF THE CITY OF DELRAY BEACH,FLORIDA,AS FOLLOWS: Section 1- That the foregoing "WTHERE AS" clauses are ratified and confirmed as being true and correct factual findings and are made a specific part of this Resolution. Section 2. The City Col-mTis.sion of the City of Delray Beach hereby declares, by a n inimum four- fifths aff nnative vote, that the City's Sealed Competitive Method or Written Quotations Procurement Method is not in the best interest of the City. The City Commission declares that the acquisition of i-ust removal and stiuctata.l repairs from Eagle Metal Products, attached as Exhibit"A",is in the best interest of the City. Section 3. The City Manager is author zed to do all things necessary and expedient to carry out the aims of this Resolution. Section 4. This Resolution shall tale effect immediately upon adoption. PASSED AND ADOPTED by the City Commission ssion of the ' o e • Beach this the 2nd day of December, 2014. MAYOR ATTEST: City Clerk 2 Res 66-14 Coversheet Page 1 of 2 • MEMORANDUM TO: Mayor and City Commissioners FROM: Suzanne F. Davis, Director Parks & Recreation THROUGH: Terrance Stewart, Interim City Manager DATE: November 4, 2014 SUBJECT: AGENDA ITEM 9.D.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 RESOLUTION NO.66-14/EAGLE METAL PRODUCTS BACKGROUND Per Chapter 36, Section 36.02, "Methods of Aquisition", Section (11), "Best Interest Acquisitions", the City may acquire or contract for non-real property, goods or services without utilizing a Sealed Competitive Method or Written Quotations where the City Commission declares by at least a four-fifths (4/5) affirmative vote that the Sealed Competitive Method or Written Quotations Method is not in the best interest of the City. The City Commission shall make specific factual findings that support its determination, and such contracts shall be placed on the regular City Commission agenda. Parks & Recreation and Public Works are requesting to have Eagle Metal Products repair the 100' Holiday Tree: quote attached for your convenience. Eagle Metal has at no charge to the City, erected the tree for the past 21 years. To date, the City has not contracted Eagle for any projects this fiscal year. LEGAL DEPARTMENT REVIEW Legal approves for legal sufficiency. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION Parks & Recreation and Public Works are requesting to have Eagle Metal Products repair the 100' Holiday Tree: quote attached for your convenience. Eagle Metal has at no charge to the City, erected the tree for the past 21 years. To date, the City has not contracted Eagle for any projects this fiscal year. 1. Eagle Metal .................... $39,680.00 http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=8570&MeetingID=539 12/8/2014 Coversheet Page 2 of 2 The scope of the work consists of the following: Repair and paint 128 frames, as described below, for the lump sum price is $39,680.00, no Florida sale tax included. This price includes the following work: Power wire brush frames to remove rust and loose paint Remove tube steel members that are rusted beyond repair and replace with new tube steel Weld rusted holes in tube steel as needed Chemically treat rusted tube steel with Ospho as needed Replace bolts as needed Apply two-part epoxy primer Apply finish coat with two-part epoxy enamel. OPERATING COST Funding is available from Public Works, Building Maintenance account 9 001-3431-519-46.10 DDA has committed $20,000 for FY14/15 for Tree Repair. TIMING OF THE REQUEST This item is time sensitive, as the rust removal needs to be completed when the tree is taken down and returned to storage in January 2015. FUNDING SOURCE Funding is available from 001-3431-519-46.10 (General Fund: Repair & Maintenance Services/Building Maintenance). http://itwebapp/Agendalntranet/Bluesheet.aspx?ItemID=8570&MeetingID=539 12/8/2014 EAGLE METAL PRODUCTS, INC. 5409 WOODS WEST DRIVE LAKE WORTH, FL 33463 561.964.4192/Cell 954.931.7498 Fax No. 561.641.9079 Email: eaglemetalproducts @gmail.com November 10, 2014 James Schmitz Deputy Director of Public Works City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 Dear Jim: Re: Christmas Tree Frame Repair Proposal (Yellow Section)for 2015 Per your request, we would like to quote the following to repair and paint 128 frames as described below: Power wire brush frames to remove rust and loose paint Remove tube steel members that are rusted beyond repair and replace with new tube steel Weld rusted holes in tube steel as needed Chemically treat rusted tube steel with Ospho as needed Replace bolts as needed Apply two-part epoxy primer Apply finish coat with two-part epoxy enamel The cost on above repairs is $39,680.00 If this is acceptable, a 20%deposit in the amount of$7,936.00 would be required prior to starting the repairs.We would like to start the repairs in January to be able to complete the work prior to the rainy season. Thank you for the opportunity to quote this project. Please call me if you have any questions. Sincerely, Lester W. Hensley, President LWH:jh RESOLUTION NO. 66-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE PURCHASE OF RUST REMOVAL AND STRUCTURAL, REPAIRS FOR THE 100' HOLIDAY TREE FROM EAGLE METAL PRODUCTS; DECLARING BY A FOUR-FIFTHS AFFIRMATIVE VOTE THAT THE CITY'S SEALED COMPETITIVE METHOD FOR THE PURCHASE IS NOT IN THE BEST INTEREST OF THE CITY;PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Delray Beach Parks and Recreation Department seeks approval to purchase rust removal and structural repairs for the 100' holiday tree from Eagle Metal Products; and WHEREAS, The Parks and Recreation Department is obligated to maintain the 100' holiday tree in a safe,usable condition in order to provide a safe special event for patrons;and WHEREAS, the Delray Beach Parks and Recreation Department has determined, through historical documents, that Eagle Metal Products has provided yearly maintenance for the holiday tree for and is familiar with the intricacies of the aging structure ;and WHEREAS, the Delray Beach Parks and Recreation Department has determined, through historical documents, that Eagle Metal Products has, at no charge to the City, erected the tree for the past 21 years;and WHEREAS, the Delray Beach Parks & Recreation Department has determined, that the location of Eagle Metal Products provides timely delivery of repair services; and WHEREAS, utilization of the City's competitive procurement methods for the purchase of rust removal and repair services for the 100' holiday tree is not practical due to the complexity and age of the metal structure and the historical knowledge of Eagle Metal Products regarding previous repairs; and WHEREAS, Section 36.02(c)(11) of the City's Code of Ordinances provides that the City may acquire or contract for non-real property, goods or services without utilizing a Sealed Competitive Method or the Written Quotations Method where the City Commission declares by at least a four-fifth (4/5) affirmative vote that the Sealed Competitive or the Written Quotation Method is not in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct factual findings and are made a specific part of this Resolution. Section 2. The City Commission of the City of Delray Beach hereby declares, by a minimum four- fifths affirmative vote, that the City's Sealed Competitive Method or Written Quotations Procurement Method is not in the best interest of the City. The City Commission declares that the acquisition of rust removal and structural repairs from Eagle Metal Products, attached as Exhibit "A", is in the best interest of the City. Section 3. The City Manager is authorized to do all things necessary and expedient to carry out the aims of this Resolution. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the 2nd day of December, 2014. MAYOR ATTEST: City Clerk 2 Res 66-14